Judge: John J. Kralik, Case: 22BBCV00372, Date: 2022-09-02 Tentative Ruling

Case Number: 22BBCV00372    Hearing Date: September 2, 2022    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

On May 25, 2022, Plaintiff MGP XI-GPI Laurel Plaza, LLC (“Plaintiff”) filed an unlawful detainer complaint against Defendants Winvest Ventures LLC dba Mr. Fries Man (“Winvest”) and Ronald Wizgan (“Wizgan).  The property at issue is located at 6130 Laurel Canyon Blvd., #133, North Hollywood, CA 91606. 

Plaintiff alleges that it entered into a written, fixed-term lease with Defendants on July 2, 2021.  Plaintiff served on Defendants a 3-day notice to pay rent or quit on May 24, 2022.  Plaintiff seeks possession of the premises, past due rent in the amount of $29,905.66, reasonable attorney’s fees, forfeiture of the agreement, and damages at the rate of $219.08 per day since June 1, 2022. 

B.     Demurrer on Calendar

On June 27, 2022, Defendants filed a demurrer to the complaint.  That same day, Defendants filed a notice of errata.  (The Court notes that as of August 12, 2022, Defendants are currently not represented by counsel and an OSC re Status of Representation of Winvest is scheduled for October 12, 2022.) 

The Court is not in receipt of an opposition brief. 

REQUEST FOR JUDICIAL NOTICE

            Defendants request judicial notice of the summons and complaint for unlawful detainer in Case No. 22BBCV00373.  The request is granted.  (Evid. Code, § 452(d).) 

DISCUSSION

            Defendants demur to the complaint’s sole cause of action for unlawful detainer on the ground that the complaint fails to state sufficient facts to constitute a cause of action.  Defendants argue that Plaintiff has failed to specifically plead the condition precedent upon which the breach is conditioned.

            Defendants argue that Plaintiff alleges that it rented the property to Defendants and that it is seeking an unlawful detainer against Defendants for nonpayment of rent.  However, Defendants argue that the payment of rent was based upon certain condition precedents, including the opening of the premises for business to the public or the passage of 150 days after the Term Commencement Date, which is dependent upon the completion of the landlord’s work as described in Exhibits C and C-1 and delivery of the premises to Defendants/tenants. 

            Exhibit 1 to the complaint includes the “NOHO WEST PROJECT LEASE” by and between Plaintiff (landlord) and Winvest (tenant).  (Compl., Ex. 1 [Lease].)  The Lease Summary includes the following terms:

(Lease at p.4.)  The Project Lease was entered on July 7, 2021.  (Id. at p.6.) 

            Based on the current allegations of the complaint, the Court cannot ascertain when the Rental Commencement Date began.  While the lease was entered by the parties in July 2021 and Plaintiff alleges that Defendants breached the lease on May 24, 2022, Plaintiff has not alleged facts showing when the Rental Commencement Date began, such that the Court cannot ascertain when the lease terms were breached or the estimated amount of damages.  According to the Lease, the rent during the period from the Term Commencement Date to the Rental Commencement Date is $0 per month and, thereafter, specific rental amounts are charged.  The Court also notes that the Lease document attached to the complaint does not include Exhibits C and C-1 as mentioned in the Term Commencement Date definition. 

            Plaintiff should amend the complaint in order to provide notice of when the Rental Commencement Date began and thereby when rental payments were due by Defendants.  As currently alleged, the complaint fails to state sufficient facts to constitute a cause of action against Defendants and is uncertain.  Thus, the demurrer is sustained with leave to amend.

            Defendants also demur on the ground that there is another action pending between the same parties on the same cause of action in Case No. 22BBCV00373.  CCP § 430.10(c) states that a party against whom a complaint has been filed may object by demurer to the pleading on the ground that there is another action pending between the same parties on the same causes of action.  The Court notes that Defendants filed a Notice of Related Cases involving the two actions on August 22, 2022.  Both actions were filed on May 25, 2022, but this action was assigned the lower case number.  The Court notes that this action involves the premises at 6130 Laurel Canyon Blvd., #133, North Hollywood, CA 91606, while the 22BBCV00373 action involves the premises at 6130 Laurel Canyon Blvd., #130, North Hollywood, CA 91606.  The lease agreements at issue in each of the cases differ and specify the premises (Suite 133 or Suite 130) and include different rental amounts.  The Court declines to sustain the demurrer on this basis as the properties at issue and the lease agreements are different.

CONCLUSION AND ORDER

Defendants’ demurrer to the complaint is sustained with 20 days leave to amend.

The Status Conference is continued to October 12, 2022, at 8:30 a.m.

Defendants shall provide notice of this order.